Navigate Litigation 2.0
North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During Depositions
A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with the hospital’s witnesses during remote depositions, according to an April 5 ruling from the North Carolina Court of Appeals. The court’s ruling in Hall v.…
Read More10 Reasons to Consider Video Depositions Now
It’s one thing to say that video is more impactful than the spoken word or words printed on a sheet of paper. But it’s quite another to personally experience the power of video, as we all have during the past two years of virtual hearings, Zoom meetings, and remote depositions. Litigators today know that video…
Read MoreDiscovery Depositions and Hearsay Evidence
The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522 (Calif. Sup. Ct., March 7, 2022), removed from the books an intermediate appellate court decision that it believed would have admitted…
Read MoreLawyers: Be Smart (and Ethical) With Those Smart Devices
Cameras and microphones are everywhere, capturing our movements and recording every sound within their reach. The cell phone, the voice assistant, the family car, the pet camera, even that new sous vide precision cooker. They’re all listening or watching. Nearly everyone is aware of these devices. But are we sufficiently aware of them? Do we…
Read MoreIs Your Cyber Insurance Keeping Up With The Times?
The threat to law firms posed by data breaches and ransomware has been in the news lately —and for good reason. The financial and reputational fallout from a data breach or successful ransomware attack can be catastrophic. We’ve written about the topic ourselves (here, and here, and here). One line of defense that’s frequently recommended…
Read MoreCOVID-19 Litigation: Clear Sailing or Calm Before the Storm?
The last time we looked at litigation arising from the COVID-19 pandemic, it appeared that businesses and their insurers faced a grave risk of being buried by COVID-related lawsuits. So far, however, the worst fears within the business community have not materialized. COVID-19 is no longer viewed as a crippling threat to business operations. According…
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